United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 23 of 150)
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A further provision of this section, which authorized the emplo3nnent of ad-
ditional police force, was repealed by Act Aug. 15, 1876, c 287, | 1, 19 Stat.

§ 3417. (R. S. § 1827.) Superintendent, etc., of Botanical Garden
and green-houses.
There shall be a superintendent, assistants, and two additional
laborers in the Botanical Garden and green-houses, who shall be un-
der the direction of the Joint Committee on the Library.

Act March 3, 1873, c. 226, | 1, 17 Stat. 491.

The Superintendent of the Library building and grounds was authorized to
disburse the appropriations for the Botanical Garden by a provision of Act
July 19, 1897, c. 9, § 1, ante, § 136.

§ 3418. (R. S. § 1832.) Annual statement of public property.

It shall be the duty of the officer or officers having in charge the
property of the United States in and about the Capitol, the Pres-
ident's House, and the Botanical Garden, to furnish an annual
statement to the [Architect of the Capitol Extension], by the first
day of December, setting forth the public property in all the build-
ings, rooms, and grounds under their charge, purchased during each


Digitized by


g 3418 8BAT or OOVBRNMSNT (Tit 21

year, and an account of the disposition of such property during the
same period, whether by sale or otherwise.
Act JuDC 4, 1872, c 287, 17 SUt 220.

The words of this section, "Architect of the Capitol Exteniion,** inclosinl in
brackets, were superseded by the designation of the oflke as '^Superintendent
of the Capitol Buildinf and Grounds** and the transfer of the powers and au-
thority of the office to said Superintendent by Act Feb. 14, 1902, c 17, ant^
i 3370.
See note to R. 8. i 1838, post, I 8419.

§ 3419. (R S. § 1833.) Inventory of public property.

The [Architect of the Capitol Extension] shall make out and
keep, in proper books, a complete inventory of all public property
in and about the Capitol, the Botanical Garden, and the President's
House, adding thereto, from time to time, an accotmt of such prop-
erty as may be procured, subsequently to the taking of the first in-
ventory, as well as an account of the sale or other disposal of such
property. And he shall submit an annual report of such invento-
ries and accounts, on the first Monday of December to Congress.
Act Jnlj 15, 1870, c 800, I 2, 16 SUt 864.

Tbe words of this section, ^'Architect of the Capitol Extension,** inclosed in
brackets, were superseded by tbe designation of the office as ''Superintendent
of the Capitol Building and Grounds** and the transfer of the powers and au-
thority of the office to said Superintendent by Act Feb. 14, 1902, c. 17, ante,

Subsequent prorisions for an annual inventory of all public property in and
belonging to the Executive Mansion, to be made by tbe steward, under direc-
tion of the officer in charge of public buildings and grounds, and to be sub-
mitted to Congress with the annual report of said officer, were made by Act
April 17, 1900, c 192, I 1, 81 Stat 97. They were superseded by more com-
prehensive provisions of the same nature, but directing such inventory to be
submitted to the President for his approval, and then to be kept in the office
of Public Buildings and Grounds, made by Act June 25, 1910, c. 884, I 2,
ante, § 231.

§ 3420. (R. S.* § 1834.) Two last sections not to apply to Library
of Congress, etc.
The two preceding sections shall not apply to the books, pam-
phlets, papers, and documents in the Library of Congress, nor to the
supplies of stationery and fuel in the several public buildings and
offices therein referred to.

Act July 16, 1870, c 800, I 8, 16 SUt. 864.

Inventories and accounts of property were required to be made by tbe officers
of the Senate and of the House of Representatives by R. S. | 72, ante, I 105,
and by the beads of tbe Executive Departments by R. S. { 197, ante, § 280.

§ 3421. (R S. § 1835.) Extra pay prohibited.

No pay or compensation other than is fixed by this Title shall be
allowed to any officer, employe, or laborer embraced within the pro-
visions hereof.

Act July 12, 1870, c. 251, | 4, 16 Stat 250.


Digitized by


Title XXII


See. Sec

3422. Oath by members of State kfia- 8424. Assent of States to purchase of

latures and State officers. lands for forts, etc.

3423. By whom .administered.

§ 3422. (tt. S. § 1836.) Oath by members of State legislatures and

State officers.
Every member of a State legislature, and every executive and judi-
cial officer of a State, shall, before he proceeds to execute the duties
of his office, take an oath in the following form, to wit : "I, A B, do
solemnly swear that I will support the Constitution of the United

Act June 1, 1789, c. 1, 1 3, 1 Stat 23.

§ 3423. (R. S. § 1837.) By whom administered.

Such oath may be administered by any person who, by the law of
the state, is authorized to administer the oath of oBSce ; and the per-
son so administering such oath shall cause a record or certificate
thereof to be made in the same manner as, by the law of the State,
he is directed to record or certify the oath of office.
Act June 1, 1789, c 1, | 3, 1 Stat 23.

§ 3424. (R. S. § 1838.) Assent of States to purchase of lands for
forts, etc.
The President of the United States is authorized to procure the
assent of the legislature of any State, within which any purchase of
land has been made for the erection of forts, magazines, arsenals,
dockyards, and other needful buildings, without such consent having
been obtained.

Act April 28, 1828, c. 41, { 2, 4 Stat 264.

The various acts, subsequent to the Revised Statutes, which provided for
the admission of new States into the Union, are the following : Act March 3,
1875, c. 139, 18 Stat. 474. for the admission of Colorado; Act Feb. 22, 1889,
c 180, 25 Stat 676, for the admission of North Dakota, South Dakota, Mon-
tana, and Washington; Act July 3, 1880, c. 656, 26 Stat 215, for the ad-
mission of Idaho; Act July 10, 1890, c. 664, 26 Stat 222, for the admission
of Wyoming; Act July 16, 1894, c. 188, 28 Stat 107, for the admission of
Utah ; Act June 16, 1906, c. 3335, 34 Stat 267, for the admission of Oklaho-
ma ; Act June 20, 1910, c. 310, 36 Stat 557, and Res. Aug. 21, 1911, No. 8,
37 Stat 39, for the admission of New Mexico and Arizona.

Provisions of these acts relating to the proceedings for the admission of the
State into the Union, and the requisites and conditions thereof, and to the or-
ganization of the State government, are omitted, as temporary in their nature,
and executed on or before the admission of the State; similar provisions of
previous acts not having been incorporated into the Revised Statutes.

Other more permanent provisions of these acts, if still in force, are set forth,
or, if superseded by later statutes, are referred to in connection with them,
under the titles to which they relate respectively. Thus, provisions for Repre-


Digitized by


I 8424 THE STATES (Tit. 22

■entatives In Oonfrett from each of such new SUtet are set forth or referred to
under Title II. **The CoDRress," c. 2; provisions for the organisation of ju-
dicial districts and courts of the United Sutes In ^uch States, the terms of the
courts and places and times of holding them, the appointment of district
Judges, and the appointment, duties, etc, of United States district attorneys,
marshals, and clerks of the courts, under Title XII C, 'The Judicial Code,*'
c. 5 ; provisions granting to soch States public lands, etc., for internal Improve-
ments, public buildings, support of schools, universities, etc, under Title
XXXII, **Tbe Public Lands,*' c lOA; and those granting swamp and ovei^
flowed lands, etc, under the same Title, c lOD.

The western boundary line of the State of Arkansas was extended by Art
Feb. 10, 19()5, c 571, 33 SUt. 714.

The boundary line between the State of South Dakota and the State of Ne-
braska was esublished by Act March 1, 1905, c 1295, 38 Stat. 820.

Consent of Congress to an agreement by the States of Missouri and Kan-
sas fixing the boundary line between them and determining jurisdiction of of-
fenses on the Missouri River was given by Res. June 7, 1910, No. 31, 36 Stat.

Consent of Congress to an agreement by the States of Oregon and Washing-
ton fixing the boundary line between them was given Res. June 10, 1910, No.
82, 86 Stat 881.

Consent of Congress to an agreement by the States of Wisconsin, Illiuois,
Indiana, and Michigan, determining jurisdiction of offenses on Lake Michigan,
was given by Res. June 22, 1910, No. 84, 36 SUt. 882.

The boundary line between Texas and New Mexico was reafllrmed by Res.
Feb. 16, 1911, Na 6« H 1-4, 86 Stat 1454.

Consent of Congress was given to each of the States to enter into an agree-
ment or compact with any other State or States for the purpose of conserving
the forests and the water supply, by Act March 1, 1911, c 186, I 1, set forth
post, i 5174.


Digitized by




This Title of the Revised Statutes was divided into three chapters, as fol-

Chapter 1. Provisions common to all the Territories,

Chapter 2. Of provisions concerning particular organized Territories.

Chapter 3. Provisions relating to the unorganized Territory of Alaska^

At the time of the enactment of the Revised Statutes there were nine or-
ganized Territories: Utah, New Mexico, Washington, Colorado, Dakota, Ari-
zona, Idaho, Montana, and Wyoming. All these have since been admitted as
States into the Union, the Territory of Dakota constituting the States of
North Dakota and South Dakota. See note at end of Title XXII, "The States."
Thereby the provisions of Chapters 1 and 2 of this Title were superseded, ex-
cept such provisions of Chapter 1 as may be applicable to Territories subse-
quently established or acquired.

After the enactment of the Revised Statutes, also, a temporary government
for the Territory of Oklahoma was provided for by Act May 2, 1890, c. 182,
26 Stat 81, and later provisions ; the Indian Territory was defined, and provi-
sion made for its government and as to the la\^ applicable therein, by said
Act May 2, 1890, c. 182, and later provisions, particularly Act June 28, 1898,
c. 517, 30 Stat. 495 ; and the two Territories were admitted to the Union as
the SUte of Oklahoma, pursuant to Act June 16, 1906, c. 3335, 34 Stat. 267,
and thereby the application of any provisions of this Title to either of said
Territories while existing as such was superseded.

The provisions of Chapter 3 of this Title, relating to the former unorganized
Territory of Alaska, were also in part superseded or repealed by provisions
relating or applicable to the Territory of Alaska, as constituted by Act Aug.
24, 1912, c. 387, 37 Stat. 512, which are placed under Chapter 5A, "Alaska,"
added to this Title, and as to the remaining part were amended and re-en-
acted or repealed by other subsequent acts. See notes to said Chapters 3 and

Besides said additional Chapter 3A, other chapters are added, in like man-
ner, to include provisions relating to the several Territories or other insular
possessions acquired since the enactment of the Revised Statutes.

Each of said additional chapters includes organic provisions for the govern-
ment of the particular Territory and for the extension to it of the Constitution
and laws of the United States in general, and other provisions especially made
regarding it and with reference to its situation, conditions, etc. But all pro-
visions relating to the operations of Hie government of the United States and
the enforcement of its laws in the Territories, as part of a general system,
such as the organization, jurisdiction, and proceedings of the United States
courts, the disposal of the public lands, the collection of the revenue, the
regulation of navigation, commerce, fisheries, etc., are placed in connection
with the provisions of the Revised Statutes and of subsequent acts relating
to those subjects, under other appropriate titles, and the codes or other bodies
of law which have been enacted or adopted for particular Territories, em-
bodying the general civil law, penal law, civil procedure, criminal procedure,
etc^ are omitted, as wholly local in their nature and operation.


Digitized by



CbMp. 8w.

1« ProvUioHM Common to Att ik€ TerriiorieM 8425

2. Provisions Concerning Particular Organized Territories

8. Provisions Relating to the Unorganized Territory of Alaska

8a, Alaska , 8628

3b Hawaii 8644

8c. Porto Rico 8747

8d. The Philippine Islands 8804

8b. Ouano Islands 8016

Provisions Common to All the Territories















RighU of Indians in penon and
property not Impaired by this
Title, etc; boondariea, etc

Authority to regulate Indiana.

Executive power.

Veto power.


Secretary's duties.

Secretary to furnish annual esti-
mates for expenses of Territory
to Secretary of the Treasury.

Salaries of fovemors and secre-

Legislative power.

Census and election.

Time and place of holding elec-


Laws to be submitted to Con-

Extent of legislative power.

Limit of time of sessions.

Extraordinary sessions.

Compensation of members.

Members of legislsture prohibited
from holding certain offices.

Prohibition of extra compensa-
tion to certain officers.

Election of justices of the peace
and militia officers.

Filling vacancy in office of Jus-
tice of the peace.

Other officers.

Vacancies, how filled.

Qualifications of voting and hold-
ing office at first election.

At subsequent elections.

Bigamists, etc., disqualified as
voters and ineligible for oflice.

Subordinate officers of legisla-

Delegate to Congress.

Time, places, and manner of
electing Delegate.

Supreme Courts of Territories.

Judicial districts and courts.




8456. Jurisdiction of Justices of


8457. Chancery and common-law Juris-


8458. Common-law and chancery Juris-

diction; exercise under codes,
rules of practice, etc

8459. Appellate Jurisdiction of Supreme


8460. Clerk of Supreme Court

8461. Clerk of district court

8462. Register In chancery; residence

and office.
8468. Judicial districts; how defined.

8464. Judges of Supreme Court to hear

certain causes.

8465. District attorneys.

8466. Marshals.

3467. Appointment of governor, etc

8468. Oath of office; how qualified.

8469. Time of commencement of sala-

ries of officera.

8470. When salaries to be paid, etc

3471. Fees of clerks, etc

3472. CosU of trials of Indiana commit-

ting certain crimes.

8473. Salary not to be paid when offi-

cer is absent

8474. Seat of government in a new


8475. Accounts of the Territories, no

payments unless approved by

8476. Limitation on expenses of print-


3477. Limitation on expenses of legis-


3478. Legislatures not to grant special

chart .ta; general incorporation

3479. Legislatures not to pass local or

special laws in certain cases.
8480. Legislatures not prohibited from
creating new counties and locat-
ing county seats tbsrsot

Digitized by





• 3482.











Legislatures not to subscribe to
stock, etc., of any corporation,
etc 8496.

Legislatures not to authorize debt
except in certain cases; limita-
tion of total indebtedness of
Territory; refunding not pro-

Limitation of indebtedness to be 3497.
incurred by municipal corpora-
tions, counties, etc.; provisions
of act not retroactive.

Amendment of Act July 80, 1886, 3498.
c. 818; permission for issuance
of bonds by municipal corpora-
tions for sanitary, etc, purpos- 3499.
es, construction of sewers, wa-
terv^orks, and improvement of
streets; election; form of bonds;
sinking fund; rate ot interest.

Amendment of Act July 30, 1886, 8500.
c 818; permission for issuance
of bonds by municipal corpora-
tions for erection of city build-
ings and purchase of sites; elec- 8501.
tion, form of bonds; sinking
fund; rate of interest; limit of

Act not to abridge the pov^er of
Congress to annul, etc., laws 3502.
passed by Territorial legisla-

Subsequent acts of Territorial 3503.
legislatures in conflict with this
act, void. 3504.

Divorce not to be granted with- 3505.
out one year's previous resi-
dence of party applying there-
for. 3506.

Limitation on right of religious
corporations to hold real estate. 3507.

Acquisition or ownership of land
in Territories by aliens, prohib-
ited. 3508.

Provisions of act not to apply to
lands previously acquired by 8509.
aliens, nor to aliens who be-
come residents. 3510.

Provisions of act not to prevent
acquisition of lands by inherit- 8511.
ance or in collection of debts,
nor acquisition and enforcement 3512.
of liens, etc.

Conveyance by aliens of lands
held contrary to provisions of
act, before institution of ^scheat 8513.

Proceedings for escheat

Condemnation and sale of lands;
disposition of proceeds; dismis-

sal of suit upon alien conform-
ing to law, etc

Provisions of act not to be con-
strued to refer to District of
Columbia, nor to authorize
aliens to acquire public lands,
nor to affect laws regulating
disposal of public lands.

Act March 2, 1897, c 363,
amended to extend to aliens in
respect of real estate in District
of Columbia.

Acquisition of real estate in Dis-
trict of Columbia by aliens or
alien corporations, prohibited.

Acquisition of real estate in Dis-
trict of Columbia by corpora-
tions more than 20 per cent, of
whose stock is owned by aliens,

Forfeiture of property acquired,
held, or owned in violation of
provisions of act; proceedings
for enforcement.

Ownership in District of Colum-
bia of legations or of residences
by representatives of foreign
governments or attaches there-

Inspection of coal mines; ap-
pointment and qualification of
mine inspector.

Mine inspectors; eligibility for

Mine inspectors; duties; reports.

Notice to owners and managers
of unsafe condition of mine re-
ported by mine inspector.

Two shafts, slopes, etc., to be pro-
vided for each mine.

Ventilation to be provided; pre-
vention of accumulation of coal

Punishment for failure to comply
with requirements of act.

Furnace shaft not to be deemed
escape shaft

Time for construction of escape

Speaking tubes to be provided for
shafts or slopes.

Safety catches and covers over-
head to be provided for hoisting
apparatus; inspection of such

Children under twelve years not
to be employed underground;
punishment for violation of pro-


Digitized by



8«c Sec

3514. Men in charge of hoisting appa- 3521. Contracts for care and coatodj of

ratus or engines. convicta in other territory or

3615. Mine inspectors; powers in and stata.

performance of daty of inspec- 8522. Constitution and laws of TTnited

don; owners, etc, to furnish States made applicable to all

means necessary therefor. the territories.

351G. Fatal acddenU to be reported. 3523. Provisions of R. S. H 4197-4200,

'{517. Injunction restraining operation requiring statements of goods

of mine on failure to comply carried by vessels clearing to

with requirements. foreign posts, applicable to

3518. "Owner or manager*' defined; of- trade between United States

ficers, etc, of corporations, per* and noncontiguous territories,

•onally responsible for violap etc

tions of act 3524. Penitentiaries.

3519. Mine inspectors; salary and trav- 3525. Rules for their government

eling expenses. 3526. Payment of marshal, etc, and of

3520. Provisions of act to be supersed- expenses of subsistence, etc., of

ed by territorial statute. offenders. -

3527. Imprisonment in penitentiaries.

§ 3425. (R S. § 1839.) Rights of Indians in person and property
not impaired by this Tixlt, etc. ; boundaries, etc.
Nothing in this Title shall be construed to impair the rights of
person or property pertaining to the Indians in any Territory, so
long as such rights remain unextinguished by treaty between the
United States and such Indians, or to include any Territory which,
by treaty with any Indian tribe, is not, without the consent of such
tribe, embraced within the territorial limits or jurisdiction of any
State or Territory ; but all such territory shall be excepted out of
the boundaries, and constitute no part of any Territory now or here-
after organized until such tribe signifies its assent to the President
to be embraced within a particular Territory.

N. M., Act Sept. 0, 1850, c. 49, | 2, 9 Stat 447. Utah, Act Sept 9, 1850,
c. 51, f 1, 9 SUt 453. Colo.. Act Feb. 28, 1861, c 69, | 1, 12 SUt 172.
Idaho, Act March 3, 1803, c 117, f 1, 12 Stat 808. Dalt., Act March 2, 18A1,
c 86, I 1, 12 Stat 239. Aris., Act Feb. 24« 1868. c 66, i 1, 12 Sut 6G4.
Mont, Act May 26, 1804. c. 95. { 1. 13 Stat 85. Wyo.. Act July 25. ISOS,
c. 2:^.5. i 1. 15 Stat 17a Wash.. Act March 2. 18:3. c. 90, I 1. 10 Stat 172.

§ 3426. (R S. § 1840.) Authority to regulate Indians.

Nor shall anything in this Title be construed to affect the author-
ity of the United States to make any regulations respecting the
Indians of any Territory, their lands, property, or rights, by treaty,
law, or otherwise, in the same manner as might be made if no
temporary government existed, or is hereafter established, in any
such Territory.

N. M., Act Sept 9, 1850, c 49, | 2. 9 Stat. 447. ^IJ tab. Act Sept, 9. 1850 c
51. 1 1, 9 SUt 453. Colo., Act Feb. 28, 1861. c. 69. | 1, 12 Stat 172. Idaho,
Act March 3, 18153, c 117, f 1, 12 Stat. 80a Dak., Act March 2, 1861. c
86, I 1. 12 Stat. 239. Aria., Act Feb. 24, 1803. c 66, | 1. 12 Stat 664. Montj
Act M;y 26, 1864, c. 96. I 1. 13 Sut 85^ Wyo Act July 25 isas. c 235. |
1, 15 Stat 17a Wash.. Act March 2. 1853. c. 90. f 1, 10 Stat 172.

§ 3427. (RS.§1841.) Executive power.

The executive power of each Territory shall be vested xn a gov-
ernor, who shall hold his office for four years, and until his succes-
sor is appointed and qualified, unless sooner removed by the Pres-

Digitized by



ident. He shall reside in the Territory for which he is appointed,
and shall be commander-in-chief of the militia thereof. He may
grant pardons and reprieves, and remit fines and forfeitures, for
offenses against the laws of the Territory for which he is appointed,
and respites for offenses against the laws of the United States, till
the decision of the President can be made known thereon. He shall
commission all officers who are appointed under the laws of such
Territory, and shall take care that the laws thereof be faithfully

N. M., Act Sept. 9, 1850, c 49, | 8, 9 Stat 447. Utah, Act Sept. 9, 1850,
c. 51, I 2, 9 Stat 453. Wash., Act March 2, 1853, c. 90, § 2, 10 Stat 173.
Colo., Act Feb. 28, 1861, c. 59, f 2, 12 Stat. 172. Dak., Act March 2, 1861,
c. 86, f 2, 12 Stat 239. Ariz., Act Feb. 24, 1863, c. 56, § 2, 12 Stat 665.
Idaho, Act March 3, 1863, c. 117, | 2, 12 Stat. 809. Mont., Act May 26,
1864, c. 95, I 2, 13 Stat 86. Wyo., Act July 25, 1868, c 235, | 2, 15 Stat.

§ 3428. (R. S. § 1842.) Veto power.

Every bill which has passed the legislative assembly of any Ter-
ritory shall, before it becomes a law, be presented to the governor.
If he approve, he shall sign it, but if not, he shall return it, with
his objections, to that house in which it originated, and that house
shall enter the objections at large on its journal, and proceed to
reconsider it. If, after such reconsideration, two-thirds of that
house agree to pass the bill, it shall be sent, together with the ob-
jections, to the other house, by which it shall likewise be reconsid-
ered ; and, if approved by two-thirds of that house, it shall become a
law. But in all such cases the votes of both houses shall be deter-

Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 23 of 150)